Code of Alabama

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10A-10-1.21
Section 10A-10-1.21 Income tax. (a) A real estate investment trust shall be subject to the
tax imposed by Section 40-18-31, provided, that for purposes of Section 40-18-33, the "net
income" of a real estate investment trust shall mean "real estate investment trust
taxable income" as defined in 26 U.S.C. Section 857 as in effect from time to time. (b)
Solely for purposes of conforming federal law with Alabama law, the "net income"
of a real estate investment trust determined pursuant to subsection (a) shall be further adjusted
as follows: (1) The deduction for intercorporate dividends received under Section 40-18-35(a)
(7), shall not be allowed. (2) The deduction for dividends paid, as defined in 26 U.S.C. Section
561, shall be allowed but (i) shall be computed without regard to that portion of the deduction
which is attributable to the amount equal to the net income from foreclosure property as defined
in 26 U.S.C. Section 857, and (ii) shall be limited by the provisions of Section...
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40-18-166
Section 40-18-166 "Accumulated adjustments account" defined; application generally;
"S period" defined; applicability of subdivision (c)(1) of Section 40-18-165 to
certain distributions; "affected shareholder" defined. (a)(1) Except as provided
in subsection (b), for purposes of this article, the term "accumulated adjustments account"
means an account of the Alabama S corporation which is adjusted for the S period in a manner
similar to the adjustments under Section 40-18-164 hereof including subdivision (4) of subsection
(c), except that no adjustment shall be made for income and related expenses which are exempt
from tax under this chapter and the phrase "but not below zero" shall be disregarded
in Section 40-18-164(c)(2)a. (2) In the case of any redemption which is treated as an exchange
under Section 40-18-36, the adjustment in the accumulated adjustments account shall be an
amount which bears the same ratio to the balance in the account as the number of shares redeemed
in such...
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40-31-3
Section 40-31-3 Temporary presence and residency in state for purpose of responding to declared
state of emergency. (a) An out-of-state employee performing disaster or emergency related
work on infrastructure owned or operated by a registered business, municipality, county, or
public corporation shall not be considered to have established residency or a presence in
the state that would require that person or his or her employer to file and pay income taxes
or to be subject to tax withholdings or to file and pay any other state or local tax or fee
which is based on a physical presence in the State of Alabama or with a local taxing jurisdiction
during one or more disaster periods. This includes any related state or local employer withholdings
and remittance obligations, but does not include any transaction taxes and fees as described
in subsection (d). (b) Any out-of-state business that has no registrations or tax filings
or nexus in the state prior to a declared state disaster or...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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40-9D-4
Section 40-9D-4 Enhancement of abatements and capital credits. (a) For the entities that qualify
under this chapter, an abatement shall be allowed for ad valorem taxes. Such abatement shall
follow the provisions and definitions of Chapter 9B of this title with the following exceptions:
(1) The maximum exemption period as provided in subdivision (10) of Section 40-9B-3 shall
be 20 years. (2) This abatement shall apply to real property located at other Alabama project
sites built, owned, and operated by the qualifying entity as a component of the qualifying
project. Such abatement shall be made pursuant to the provisions of the granting authority
where the ancillary property is located. (3) This abatement shall apply to the qualifying
entity's tangible personal property located at other Alabama project sites if the property
is a component of the qualifying project. Such abatement shall be made pursuant to the provisions
of the granting authority where the ancillary property is located....
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41-7A-42
Section 41-7A-42 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) COMPANY. A corporation, partnership, limited liability company,
or any other business entity. (2) DEPARTMENT. The Alabama Department of Revenue. (3) ENTERTAINMENT
INDUSTRY. Those persons or entities engaged in the production of entertainment content as
defined under paragraph a. of subdivision (8). (4) EXPENDED IN ALABAMA. In the case of tangible
property, property which is acquired or leased from a source within the State of Alabama;
in the case of services, services performed for a qualified production project in the State
of Alabama. (5) OFFICE. The Alabama Film Office. (6) PAYROLL. All salary, wages, and other
compensation, including related benefits, including specifically, but not limited to, compensation
and benefits provided to resident and nonresident producers, directors, writers, actors, and
other personnel involved in qualified production projects in...
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10A-20-10.01
Section 10A-20-10.01 Restrictions; powers of courts and Attorney General not impaired. (a)
Notwithstanding any provision to the contrary in the certificate of formation, other governing
instrument, or under any other law of this state, and except as otherwise provided by court
order, or by a provision in the certificate of formation or other governing instrument, which
in either case is entered or made after August 11, 1971, and expressly limits the applicability
of this section, a corporation which is, or is treated as, a private foundation, as defined
in Section 509 of the Internal Revenue Code of 1986, as amended, during the period it is,
or is treated as, a private foundation: (1) Shall not engage in any act of self-dealing as
defined in Section 4941 (d) thereof; (2) Shall distribute, for the purposes specified in its
certificate of formation, for each taxable year not less than the amounts at the time and
in the manner as not to become subject to the tax on undistributed income...
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40-18-8
Section 40-18-8 Gain or loss - Recognition. (a) General rule. Except as provided in this section,
upon the sale or exchange of property, the entire amount of the gain or loss determined under
Section 40-18-7 shall be recognized. (b) Exchange of stock for stock of same corporation.
No gain or loss shall be recognized if common stock in a corporation is exchanged solely for
common stock in the same corporation, or if preferred stock in a corporation is exchanged
solely for preferred stock in the same corporation. (c) Like-kind exchanges. If an exchange
of property satisfies the requirements of 26 U.S.C. § 1031, relating to like-kind exchanges,
then the amount of gain or loss recognized in the exchange shall be determined in accordance
with 26 U.S.C. § 1031. (d) Involuntary conversions. If a taxpayer validly elects to determine
the amount of gain recognized for federal income tax purposes under 26 U.S.C. § 1033, relating
to involuntary conversions, the amount of gain recognized shall...
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40-7-2.1
Section 40-7-2.1 Timing of property assessments, etc., homestead exemption. (a) This amendatory
act shall be known as the 1983 Taxpayer Convenience Act. (b) Notwithstanding any other law
to the contrary, the county tax assessor may assess property for tax purposes and perform
related tax assessing functions and requirements, including the acceptance of applications
for homestead exemptions, from January 1 to September 30 of each taxable year and the assessment,
including the homestead exemption, shall become effective on the following October 1. Provided,
however, nothing herein contained shall be construed to relieve a person claiming a homestead
exemption under Sections 40-9-19 to 40-9-21, inclusive, or any other law of the responsibility
of furnishing proof of age, or disability, and total gross income for the year preceding the
year for which the exemption will be effective as required by law. Any person who has qualified
for the homestead exemption because of age or disability and...
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37-11C-2
Section 37-11C-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) CLASS II RAILROAD. A carrier classified as a Class II railroad pursuant to 49
CFR § 1201, or other rule adopted by the United States Surface Transportation Board. (2)
CLASS III RAILROAD. A carrier classified as a Class III railroad pursuant to 49 CFR § 1201,
or other rule adopted by the United States Surface Transportation Board. (3) DEPARTMENT. The
Alabama Department of Commerce. (4) ELIGIBLE TAXPAYER. A railroad that owns or leases railroad
infrastructure in Alabama and is classified by the United States Surface Transportation Board
as a Class II or Class III railroad. (5) ELIGIBLE TRANSFEREE. A taxpayer who is transferred
a tax credit allowed by this chapter by an eligible taxpayer. (6) QUALIFIED RAILROAD REHABILITATION
EXPENDITURES. Expenditures within the taxable year for maintenance, deductible maintenance
of way expenses, reconstruction, or replacement of railroad...
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